Chap. 140.—An ACT amending and re-enacting the 12th seetion of cehap-
ter 157 of the Code of 1860. so as to create the Office of Jndge of the
Court of Hustine. for the City of Portsimeuth,

Passed February 26, 1866,

1. Be it enacted by the general assembly of Virginia, That
he thirteenth section of chapter one hundred and hity-seven
Code. of eighteen hundred and sixty) be amended and re-
nacted so as to read as follows:

“315 There shall be for the city of Portsmouth a court,
vhich shall be called ‘the court of hustings for the city of
=
“a

judge of the hustines court.

Portsmouth; and the same shall be held by the aldermen of.
said city, or any three or more of them, execpt where it 1s
otherwise provided; and also, by a judge, to be called ‘the

199

2. A term of said court, not excecding twenty days, shall

be held by the said judge in every month, at such time and
place as the council of the said city shall prescribe ; at which
term the said court shall exercise exclusively the jurisdiction
now vested in it over all civil cases, and matters at law and
chancery; all matters concerning the probate of wills; the
appointment, qualification and removal of fiduciaries, and the
settlement of their accounts, and all other civil proceedings,
except those relating to apprentices, bastards and matters of
police.

3. The said court, at the terms held by the judge, shall
have original jurisdic ton of all felonies committed within the
territorial limits of its jurisdiction, and appellate jurisdiction
in such cases arfsing under the ordinances of said city as shall
be prescribed by the couneil thereof.

4, The business of the said court shall be distributed be-
tween monthly and quarterly terms, as’ now prescribed by
law; but the judve may designate which of is terms shall
be quarterly terms. .

0. A grand jury shall be summoned, as preseribed by law,
to attend the terms held by the judge immediately suceecd-
ing his quarterly terms; which grand jury shall be charged
by. the judge. All provisions of law concerning grand and
petit juries, applicable to circuit courts, shall apply to the said
court, when held by the judye thereof;

6. All criminals examined by the said court, when held by
the aldermen, if remanded tor trial, shall be sent to the said
court, at its terms held by the judye, and all depositions and
recognizances shall be thereto returned.

f The said court held by the judge, and the said judge,
respectively, shall have the same power as a circuit court or
circult judge, to award injunctions, writs of habeas corpus,
certiorari, mandamus and prohibition.

8, Appeals, writs of error and writs of supersedeas, from
and to judgements, decrees and orders of the said court, beld
by the Judge, shall be taken and allowed as if they were from
or to those of a circuit court or a eircuit judge.

9. The commonwealth’s attorney for the circuit court of
the eity of Portsmouth shall prosecute in all cases of felony
in the said court of hustings, held by the judge thereof.

10. During the absence of said judee, or his inability from

any cause to hold the terms of his court, the same may be

held by any cireuit Judge, whose compensation shall be fixed

-and paid by the council of the said city; and the said court,

when held by the said judee, or the | said judge, may remove
causes to any circuit court, for the same causes and in the
sine manner as are prescribed by law for the removal of
eauses from one circuit court to another.

11. And the said court of hustings shall evn hue to have
civil and cruminal jurisdiction, and the said aldermen and
judge shall each have the powers of a justice of the peace
within the corporate limits of said city, for matters arising
within the same, according to the laws of the commonwealth.

12. There shall be elected by the qualitied voters of the
said city, at such time and places as the council of the said
city shall prescribe, a judge of the court of hustings for the
said city, who shall hold his office for the term of eight years,
and shall receive such compensation as may be allowed by
the said council: provided, that his election shall not take
place within thirty days of any municipal or state election in
the said city, and that his compensation shall not be dimin-
ished during his term of office.

13. The manner of conducting the election of said judge,
of making the return thereof, of his qualitications, of order-
ing new electjons to fill vacancies in his office, and of deciding
disputed elections, shall be prescribed by ordinance to be
enacted by the conncil of the said city.

1% This act shall be submitted to the qualified voters of
said city, for ratification or rejection, at such time and places
as the council of said city shall prescribe, and shall be in force
only after a majority of voting voters have ratified it.

ce ee ee ee

Chap. 140.—An ACT amending and re-enacting the 12th seetion of cehap-
ter 157 of the Code of 1860. so as to create the Office of Jndge of the
Court of Hustine. for the City of Portsimeuth,

Passed February 26, 1866,

1. Be it enacted by the general assembly of Virginia, That
he thirteenth section of chapter one hundred and hity-seven
Code. of eighteen hundred and sixty) be amended and re-
nacted so as to read as follows:

“315 There shall be for the city of Portsmouth a court,
vhich shall be called ‘the court of hustings for the city of
=
“a

judge of the hustines court.

Portsmouth; and the same shall be held by the aldermen of.
said city, or any three or more of them, execpt where it 1s
otherwise provided; and also, by a judge, to be called ‘the

199

2. A term of said court, not excecding twenty days, shall

be held by the said judge in every month, at such time and
place as the council of the said city shall prescribe ; at which
term the said court shall exercise exclusively the jurisdiction
now vested in it over all civil cases, and matters at law and
chancery; all matters concerning the probate of wills; the
appointment, qualification and removal of fiduciaries, and the
settlement of their accounts, and all other civil proceedings,
except those relating to apprentices, bastards and matters of
police.

3. The said court, at the terms held by the judge, shall
have original jurisdic ton of all felonies committed within the
territorial limits of its jurisdiction, and appellate jurisdiction
in such cases arfsing under the ordinances of said city as shall
be prescribed by the couneil thereof.

4, The business of the said court shall be distributed be-
tween monthly and quarterly terms, as’ now prescribed by
law; but the judve may designate which of is terms shall
be quarterly terms. .

0. A grand jury shall be summoned, as preseribed by law,
to attend the terms held by the judge immediately suceecd-
ing his quarterly terms; which grand jury shall be charged
by. the judge. All provisions of law concerning grand and
petit juries, applicable to circuit courts, shall apply to the said
court, when held by the judye thereof;

6. All criminals examined by the said court, when held by
the aldermen, if remanded tor trial, shall be sent to the said
court, at its terms held by the judye, and all depositions and
recognizances shall be thereto returned.

f The said court held by the judge, and the said judge,
respectively, shall have the same power as a circuit court or
circult judge, to award injunctions, writs of habeas corpus,
certiorari, mandamus and prohibition.

8, Appeals, writs of error and writs of supersedeas, from
and to judgements, decrees and orders of the said court, beld
by the Judge, shall be taken and allowed as if they were from
or to those of a circuit court or a eircuit judge.

9. The commonwealth’s attorney for the circuit court of
the eity of Portsmouth shall prosecute in all cases of felony
in the said court of hustings, held by the judge thereof.

10. During the absence of said judee, or his inability from

any cause to hold the terms of his court, the same may be

held by any cireuit Judge, whose compensation shall be fixed

-and paid by the council of the said city; and the said court,

when held by the said judee, or the | said judge, may remove
causes to any circuit court, for the same causes and in the
sine manner as are prescribed by law for the removal of
eauses from one circuit court to another.

11. And the said court of hustings shall evn hue to have
civil and cruminal jurisdiction, and the said aldermen and
judge shall each have the powers of a justice of the peace
within the corporate limits of said city, for matters arising
within the same, according to the laws of the commonwealth.

12. There shall be elected by the qualitied voters of the
said city, at such time and places as the council of the said
city shall prescribe, a judge of the court of hustings for the
said city, who shall hold his office for the term of eight years,
and shall receive such compensation as may be allowed by
the said council: provided, that his election shall not take
place within thirty days of any municipal or state election in
the said city, and that his compensation shall not be dimin-
ished during his term of office.

13. The manner of conducting the election of said judge,
of making the return thereof, of his qualitications, of order-
ing new electjons to fill vacancies in his office, and of deciding
disputed elections, shall be prescribed by ordinance to be
enacted by the conncil of the said city.

1% This act shall be submitted to the qualified voters of
said city, for ratification or rejection, at such time and places
as the council of said city shall prescribe, and shall be in force
only after a majority of voting voters have ratified it.

ce ee ee ee